''Rogers v. Wal-Mart Stores, Inc.'', 230 F.3d 868 (6th Cir. 2000), was a case decided by the

United States Court of Appeals for the Sixth Circuit The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * Eastern District of Kentucky * Western District of K ...

that held that remand to a state court cannot be achieved after removal to a federal court by lowering the

damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognized at ...

sought to fall below the

amount in controversy Amount in controversy (sometimes called jurisdictional amount) is a term used in civil procedure to denote the amount at stake in a lawsuit, in particular in connection with a requirement that persons seeking to bring a lawsuit in a particular cou ...

requirement.

Decision

The plaintiff sued

Walmart Walmart Inc. (; formerly Wal-Mart Stores, Inc.) is an American multinational retail corporation that operates a chain of hypermarkets (also called supercenters), discount department stores, and grocery stores in the United States and 23 other ...

in state court for a state law

negligence Negligence ( Lat. ''negligentia'') is a failure to exercise appropriate care expected to be exercised in similar circumstances. Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a neg ...

action, seeking $950,000 in damages. Pursuant to 28 U.S.C. § 1441, the defendant removed to federal court on the basis of

diversity jurisdiction In the law of the United States, diversity jurisdiction is a form of subject-matter jurisdiction that gives United States federal courts the power to hear lawsuits that do not involve a federal question. For a federal court to have diversity ju ...

. The plaintiff reduced the damages sought to less than $75,000 and petitioned for remand to state court because the amount in controversy requirement was no longer met. The 6th Circuit upheld a denial of the petition for remand, holding that the amount in controversy at the time of removal was what mattered.Yeazell, p. 218

References

External links

* United States civil procedure case law Diversity jurisdiction case law 2000 in United States case law United States Court of Appeals for the Sixth Circuit cases Walmart litigation {{US-case-law-stub